Dear Sir/Madam,
I hope this email finds you well. I am writing to you today as the attorney for David Maloney who has been the subject of an article that was posted on Just A Car Guy.
I understand that as a news organization your primary responsibility is to inform the public of current events and to provide a platform for diverse voices and perspectives. However, I must respectfully request that you remove the article in question (see below) from your website.
I understand that as a news organization your primary responsibility is to inform the public of current events and to provide a platform for diverse voices and perspectives. However, I must respectfully request that you remove the article in question (see below) from your website.
The article in question pertains to a DUI charge that was nolle prossed due to a lack of evidence supporting the accusation of driving under the influence. Despite the resolution of the case, the continued presence of this article is causing significant harm to Mr. Maloney's professional reputation and personal well-being.
My client, an esteemed attorney, is deeply committed to upholding the law and understands the severe dangers associated with driving under the influence. He has always maintained his innocence regarding this incident, and the decision to nolle prosse the charges was based on the clear absence of evidence. It is crucial to emphasize that he has never driven while intoxicated and fully recognizes the importance of road safety.
My client, an esteemed attorney, is deeply committed to upholding the law and understands the severe dangers associated with driving under the influence. He has always maintained his innocence regarding this incident, and the decision to nolle prosse the charges was based on the clear absence of evidence. It is crucial to emphasize that he has never driven while intoxicated and fully recognizes the importance of road safety.
I would consider this a professional accommodation and be at your service if you need our help. Again, please know that we do understand that you were reporting content that was brought to your attention but now your posting has caused serious hardship to Mr. Maloney. Your help in assisting with this request would be greatly appreciated. I am not looking for a battle, I am looking for your help.
Thank you for your time and attention to this matter.
Respectfully,
Blandin Wright
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The original article was a copy and paste from KTLA,com news, and said:
Anti DUI attorney David J. Maloney faces a DUI charge after he was arrested by sheriff’s deputies in Florida, at 3:30am
One of his areas of practice is suing drunk drivers for civil damages on behalf of DUI victims.
Maloney, whose law firm is located in Mobile, Alabama, is known locally in particular for a commercial in which he declares that he won’t represent DUI offenders: “If you drink and drive, and you hurt someone, don’t call me.”
While driving a Lamborghini, Maloney was pulled over early last Sunday morning for driving 55 mph in a 35-mph zone.
Cops claimed that they smelled alcohol on his breath, but Maloney, 49, denied drinking that night, repeatedly refusing field sobriety testing at the scene and was arrested on suspicion of DUI based on probable cause and booked into the County Jail."
One of his areas of practice is suing drunk drivers for civil damages on behalf of DUI victims.
Maloney, whose law firm is located in Mobile, Alabama, is known locally in particular for a commercial in which he declares that he won’t represent DUI offenders: “If you drink and drive, and you hurt someone, don’t call me.”
While driving a Lamborghini, Maloney was pulled over early last Sunday morning for driving 55 mph in a 35-mph zone.
Cops claimed that they smelled alcohol on his breath, but Maloney, 49, denied drinking that night, repeatedly refusing field sobriety testing at the scene and was arrested on suspicion of DUI based on probable cause and booked into the County Jail."
http://www.inquisitr.com/3103800/anti-dui-attorney-arrested-for-dui-in-florida/
http://ktla.com/2016/05/08/lawyer-who-says-he-wont-represent-drunken-drivers-arrested-on-dui-charge-florida-jail-record-reports/
http://ktla.com/2016/05/08/lawyer-who-says-he-wont-represent-drunken-drivers-arrested-on-dui-charge-florida-jail-record-reports/
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What do you readers think? What should my final response be?
I replied via email, that though that lawyers client is uncomfortable with his past arrest for 55 in a 35, and charge with DUI, that has nothing to do with me, and is simply a historical fact. I reported on it at the time, as one does when reporting news, especially news that is ironic.
But now the DUI lawyer has his PR lawyer out trying to remove all evidence from the internet that this occurred.
So, what's your advice?
Delete the original post? Or point out the freedom of the press? Or something else?
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Even though the DUI charges were dismissed, there is still a pending civil charge against Maloney for refusing to submit to a sobriety test. Under Florida law, drivers who do not submit to a sobriety test can have their license revoked for up to a year. In most situations, if you refuse to take a mandatory sobriety test, you cannot be forced to do so; however, that does not mean that you cannot be convicted of a DUI. The state does not have to prove that your blood alcohol level was over 0.08 and can use other evidence such as erratic driving, slurred speech, and can even use the refusal to take a blood alcohol test as evidence for a conviction of a DUI.
If you are currently dealing with or facing charges for a DUI, seek help from an experienced DUI attorney. Unlike ordinary traffic related charges, convictions for DUI’s have serious related consequences and stigmas. A conviction for a DUI can lead to losing of a driver’s license, fines, jail time, and increased car insurance.
Even though the DUI charges were dismissed, there is still a pending civil charge against Maloney for refusing to submit to a sobriety test. Under Florida law, drivers who do not submit to a sobriety test can have their license revoked for up to a year. In most situations, if you refuse to take a mandatory sobriety test, you cannot be forced to do so; however, that does not mean that you cannot be convicted of a DUI. The state does not have to prove that your blood alcohol level was over 0.08 and can use other evidence such as erratic driving, slurred speech, and can even use the refusal to take a blood alcohol test as evidence for a conviction of a DUI.
If you are currently dealing with or facing charges for a DUI, seek help from an experienced DUI attorney. Unlike ordinary traffic related charges, convictions for DUI’s have serious related consequences and stigmas. A conviction for a DUI can lead to losing of a driver’s license, fines, jail time, and increased car insurance.
Well I don't want you to get a lawsuit against you but it seems to me that if it was published or reported on a news program they would be sucking wind. Then again having to pay lawyers sucks just as bad Perhaps some unknown commenter on here could mention about reading about the incident from a public source. Just saying!
ReplyDeleteI'm not a lawyer, or pretend to be one, but from what I see, you did not post anything that was not factually correct. He was pulled over for speeding, he did refuse to take the field sobriety tests, and he was arrested.
ReplyDeleteI don't believe that you should remove the post, just because these facts make him look bad. I don't know what the lawyer can do besides asking and then threatening a lawsuit if you don't do what they want. I don't think any lawsuit would go very far, but you would have to pay for a lawyer to represent you and all of the hassle involved with it.
It appears that the lawyer already got to KTLA and inquisitr.com, because the links you have in your post are dead now.
Tough one. On one hand I'm incredibly much in favor of keeping drunk drivers off the roads, and also in favor of committing to a sobriety test, when a situation like the one with Maloney. Not that I'd trust him more than the cops, but I have a hard time seeing why one should refuse such a test.
ReplyDeleteanyone can look this up for verification, but the reason to refuse a breathalyzer is to prevent real evidence of the alcohol in the bloodstream. Advice to people getting pulled over and arrested is always " say nothing, you have the right, and the damn good advice, to remain silent" and the other advice is to DELAY DELAY DELAY to allow your body to metabolize the alcohol in your blood, so that the number they may achieve through testing is as low as possible.
DeleteSo, refusing the roadside test when pulled over is good advice to the guilty, but, it also is well known to law enforcement, and they got a law passed that instantly makes refusing to use the breathalyzer a legal reason to revoke a drivers license.
That's a motivation to make innocent people use the damn thing, and set the matter straight instantly.
But guilty people would RATHER not have the evidence used against them, and lose the license instead. A DUI is real bad and expensive, a girlfriend of mine was busted drunk driving, and got off with "wet and reckless" the lesser charge, but still blew 15k in lawyer fees, and 10 days in jail, plus higher insurance costs, loss of drivers license, etc etc
Anyway, the person who refuses the breathalyzer can claim, factually, that there was no evidence, etc etc every lawyer trick that has ever been used, and not have a DUI on their record.
But they can't prove they were innocent. And no one can prove they were guilty.
So that's where this guy who lawyered up to remove all the online news about him is.
And he doesn't want to clear his name, or prove his innocence, as a blood sample from that night would have done, at any hospital, ER, medical center, or Urgent Care.
But, instead, he did nothing that would prove his innocence
You received public information. If it is incorrect, then the PR lawyer should go after the source, bot the little guy - that being you. The PRF lawyer appears ot be a bully. Good luck aa &^%$ him!
ReplyDelete